can my priority date get cancelled

S

svnprasad

New Member
Hi,
I got my labor certification and I-140 aprooved couple of years back. I still haven't filed my 485. Was wondering if i delay it further is there chance the my priority date gets cancelled and i have to start over again. Is there any time limit before which I need to file my 485.

Thank you
 
svnprasad said:
Hi,
I got my labor certification and I-140 aprooved couple of years back. I still haven't filed my 485. Was wondering if i delay it further is there chance the my priority date gets cancelled and i have to start over again. Is there any time limit before which I need to file my 485.

Thank you
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no limit unless your employer/USCIS wants to revoke 140 for whatever reason they have.

Could you kindly let me know why you want to hold 485?
 
svnprasad said:
I had to hold off filing 485, as i was not sure about my marriage plans. thanks for the reply..
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Apply it soon. USCIS is bringing an ammendment to limit the number days to apply I-140. It may affect your type of cases also.
As for as marriage is conserned as long as you marry before I-485 approval you can bring your wife.
 
tammy2 said:
Apply it soon. USCIS is bringing an ammendment to limit the number days to apply I-140.
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Since the alien beneficiary can be changed between the LC and the I-140, this is why USCIS wants to limit the time between LC approval and I-140 filing. There is no way to swap the alien after the I-140, and most immigrant petition cases involve years of waiting before the I-140 is approved and the I-485 can be filed.

Still, delaying the I-485 increases the risk of losing one's job and not getting AC21 benefits, or priority date retrogression. Figure out your marriage plans ASAP.
 
svnprasad said:
I had to hold off filing 485, as i was not sure about my marriage plans. thanks for the reply..
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You won’t have PD retrogression problem since you must have a very early PD. I believe marriage is more important than AC21.
I don’t know when/where/whom to marry. Maybe it’s a good time to think about that too. Do you know what is the latest time to get married and file your spouse’s 485? Is it technically the day before your 485 is approved?

If it's the case, may someone get married and file spouse's 485 after RFE is issued?
Suppose you don't include medical exam in 485 filing, you can make sure RFE issued.
 
Last edited by a moderator:
jnpr said:
Do you know what is the latest time to get married and file your spouse’s 485? Is it technically the day before your 485 is approved?
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Filing and marrage is two entirly different things. As long as you have married before the approval you can apply at any time as Employment based without making it Family based case.

If you marry after the approval your spouse case will fall into Family based case which will take around five years to become current.
 
tammy2 said:
Filing and marrage is two entirly different things. As long as you have married before the approval you can apply at any time as Employment based without making it Family based case.
If you marry after the approval your spouse case will fall into Family based case which will take around five years to become current.
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Thank you! As my understanding from your post, please clarify:
Suppose I get married in September, and my 485 is approved on October 1, but my spouse's 485 is not filed yet. Do you mean even my spouse files after October 1, the application is still 485? TIA.
 
I think you'll have to marry AND file the spouse's 485 before your 485 is approved. You need to talk to a lawyer fast to work out a plan, otherwise you could screw up your 485 or your marriage or both.
 
jnpr said:
Thank you! As my understanding from your post, please clarify:
Suppose I get married in September, and my 485 is approved on October 1, but my spouse's 485 is not filed yet. Do you mean even my spouse files after October 1, the application is still 485? TIA.
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Yes. Do a search for "follow to join" procedure.
 
jnpr said:
Thank you! As my understanding from your post, please clarify:
Suppose I get married in September, and my 485 is approved on October 1, but my spouse's 485 is not filed yet. Do you mean even my spouse files after October 1, the application is still 485? TIA.
Click to expand...
Yes you can apply I-485 immdiatly.
 
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